The District Attorney’s Office through out California is known for filing DUI charges even where breath or blood-alcohol test results are below the .08 percent or higher per se limit. Because persons may be deemed too impaired to safely operate a motor vehicle even after just a few drinks, it is deemed legal and ethical for a prosecutor to exercise this discretion. However, the discretion to file criminal charges does not necessarily equate to the reasonable likelihood of obtaining a conviction. Thus, the local County prosecutors will often reduce a drunk driving charge to a lesser offense such as reckless driving
The key to beating a DUI charge in your local County---or at least getting a reduced offer on it---is to retain a lawyer who specializes in this field and frequently appears in your County Court. Such a lawyer will know the ramifications of a DUI conviction and how the California Law works in your County.